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The only tenant on the rental agreement, rented 2 rooms to my Uncle as a sublease. He has lived in this house for over 2 years without a sublease agreement with the main tenant (sublessor). Basically a verbal month-to-month agreement. He uses one of the rooms while his kids are visiting.
I recently moved in to his 2nd room (kids room) as a temporary stay while looking for a job. My verbal agreement with the sublessor was that I would be there between 2-3 months while looking for a job and I would contribute my share of the utilities.
There are a total of 5 bodies in the household (2 in a guest house and 3, including me, in the main house), so the utilities should be split 5 ways. Hey sent me a text message with the amount that I owed in utilities. Since I never pay anybody without a copy of the bills, I made a request for them and to make a long story short, it turned into a fiasco. He wanted it split 3 ways initially, but gave in to 4 ways, which makes no sense (not going into all the details). So I spent the time calculating all the bills that he finally sent me and told him that I had his money for him (which was way less than what he had calculated).
Since than, he told me and my Uncle that he wants me out of the house by August 1st, which is 3 months since I moved in. First off, I believe he is kicking me out because I have questioned him on his ethics and being honest with this whole situation. Again, it is very detailed and lengthy and started before I moved in. So because of me questioning him, I believe he is retaliating by kicking me out. In California, there are laws in place for this. But given that we have no agreement and he is not the landlord, I want to know what my rights are here.
Even though I have told him that I have his money for my share of the utilities as agreed, he still has not taken my money. My Uncle says that I am not moving anywhere. I could essentially be his guest using one of his rooms which he pays rent for. Although I do know that most rental agreements have provisions with guests staying longer than a few days.
So I need to know if this tenant has any rights whatsoever to kick me out. My Uncle doesn't have a written agreement, I don't have a written agreement and we both have never seen the original rental agreement.
I would think that the California law would state that I must be given notice from the Landlord. And if there were to be any actions at all, the Landlord would have to file an Unlawful Detainer Action against me to get me out. Anyone know the laws with this? Please help. Thanks!
1. Since no one has seen the rental agreement, it is all hearsay. the sublessor said that the owner knows that he is subleasing. That's all we know. My Uncle has requested a copy of the lease, but has yet to receive it
2. See response to 1.
3. I don't know what "LL" stands for. I'm in San Diego County. Do you know where I would look to obtain this information?
4. Yes, it does sound like a "soap opera", but I feel that most of it was necessary in explaining the situation here. In potential legal matters, specific details to a given situation are necessary to determine whether the proper answer is given. So, although it somewhat sounds like a soap opera (trust me, you don't want to hear the whole story ), it was necessary.
All I really need to know that based on the facts I have given, does this tenant (sublessor) have any legal right to physically remove me or does the landlord have to? Thanks!
The named tenant on the official lease will only have what rights that lease allows them to have.
It would be VERY rare for an owner (LL or landlord) to give up these rights... officially.
see #1 and #2
If the LL/owner has to get involved in this soap opera at this juncture...
they are just as likely to evict everyone and start over as anything else.
Thank you for your help MrRational. I would hate to see the LL get involved in this matter since there are great people that live here (including my Uncle). I am by no means discounting myself since I have contributed to 80% of the maintenance of this large property to earn my keep. But we will see what happens.
Hopefully other opinions will post on this thread since I would like to hear what everyone has to say. Thanks again for taking the time to post!
I signed an agreement with a girl to sublease her apartment. Well after I signed and paid the 2 months rent and the security deposit she changed our agreement. I am looking over the agreement and the landlord didn't even sign the agreement . Can I get my money back?? I was suppose to be subleasing an apartment and she texted me Friday morning saying shes gotten another roommate . Before I had signed the agreement I let her know I didn't want a roommate and if she ended up getting one I would withdraw from the idea. Any suggestions???
I signed an agreement with a girl to sublease her apartment. Well after I signed and paid the 2 months rent and the security deposit she changed our agreement. I am looking over the agreement and the landlord didn't even sign the agreement . Can I get my money back?? I was suppose to be subleasing an apartment and she texted me Friday morning saying shes gotten another roommate . Before I had signed the agreement I let her know I didn't want a roommate and if she ended up getting one I would withdraw from the idea. Any suggestions???
Was there a space on the lease for the LL's signature? The only reason I'm asking is that if she is subletting without the permission of the LL and this is against her lease agreement with him, she will (IF this goes to court) be going in with "dirty hands" which pretty much automatically guarantees you a win.
Anyway, your agreement is with her. Was there wording in the sublease agreement to indicate that you are subleasing the entire space? Anything to indicate that there may be someone else living there as well? Any texts confirming that you specifically told her that this would not work if she got another roommate?
In the meantime, text her (and follow up with a "real" letter) acknowledging her Friday's message but telling her that this was not what you both agreed to and in fact you were very specific in telling her that if anyone else was to be living in the apartment the agreement would be null and void. Advise her that in light of her decision to take on another roommate, the agreement is now voided and you expect immediate return of the two months rent and security deposit given to her. Ask for her immediate response and how the return of the money is to be handled.
I sublease from my mother shes the leasee anyways I just got my business establish there its a bar and grill ? Can my mother take me off the lease even if she owes rent to the landlord? I want to know of it would make sense to talk to the landlord myself and get lease in my name or try? And what would my mother have to do to get me off sublease?
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), it was necessary.
